#Sony to Pay $85,000 under Decree Resolving #EEOC Disability Discrimination Suit for Allegedly Engineering the Firing of an Employee Because of Her Prosthetic Leg
The employee had been sent by Staffmark Investment LLC, a staffing agency, to inspect Sony televisions on a temporary basis at a facility located in Romeoville, Ill. According to the EEOC, on the employee's second day on the job, a Staffmark employee approached and removed the employee from the worksite, explaining that there were concerns she would be bumped into or knocked down. Although the employee's removal was executed by Staffmark employees, it was actually prompted by a request from Sony's management which made Sony complicit in the discrimination." This decree is the second in this case. The first was against Staffmark which resulted in Staffmark paying $100,000 to the employee.
In addition to paying $85,000 the decree also requires Sony to report all employee complaints of disability discrimination to the EEOC for the next two years, train certain of its managerial and supervisory employees on the laws pertaining to employment discrimination, including the ADA and lastly, provides that Sony cannot require the employee to keep the facts underlying the case confidential, waive her rights to file charges of discrimination with a government agency, or refrain from applying for work with Sony or any of its clients.
John Hendrickson, the EEOC's regional attorney in Chicago, said, "The ADA provides robust employee protections, even for short-term temporary workers hired through staffing agencies. Smart employers will learn from this case that they cannot insulate themselves from liability for discrimination by acting through employment and staffing agencies. That's axiomatic under the civil rights laws we enforce-if you can't do it directly, you can't do it through someone else."
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